Chapter 5.12
ADULT USE BUSINESS – INTERNAL REGULATIONS
Sections:
5.12.020 General requirements.
5.12.040 Live adult entertainment establishments.
5.12.050 Application for license.
5.12.060 Mini-theaters and motion picture theaters.
5.12.070 Adult panoram theaters.
5.12.080 Standards of operation and conduct.
5.12.090 Violation – Penalties.
5.12.020 General requirements.
All adult use businesses located within the city of Grandview shall comply with the following general requirements:
A. The premises of an adult use business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.
B. It shall be the duty of the owners and manager, and it shall also be the duty of any employees present in or on the premises, to ensure that the illumination described above is maintained at all times that any patron is present in or on the premises, with the exemptions of an adult mini-theater and adult motion picture theater as defined in GMC 5.10.010, which shall be subject to the provisions of GMC 5.12.060(C).
C. At no time shall any live entertainment, merchandise or any film or movie being shown be visible from outside the establishment.
D. There shall be no window, marquee or other display of any matter depicting or portraying specified anatomical areas, or specified sexual activities.
E. There shall be no signs with content or subject matter that constitutes obscenity as defined by law.
F. All state and local licenses required by law shall be posted and maintained in a conspicuous location. (Ord. 2008-27 § 2).
5.12.030 Manager.
A manager shall be on the premises of any adult use business at all times that such entertainment or business is being offered or provided, and shall comply with the following standards:
A. It shall be the responsibility of the manager, as well as of the owner or operator, to ensure that all entertainers, employees and patrons abide by and comply with the standards of conduct as set forth in this section.
B. It shall be the responsibility of the manager to verify that all persons who offer or provide live adult entertainment within the premises possess a current and valid entertainer’s license issued by the city for that specific premises.
C. It shall be the responsibility of the manager, as well as the owner or operator, to ensure that no patron is admitted onto the premises or is served or entertained therein if such patron is obviously under the influence of alcohol or drugs.
D. The manager shall, upon request of any law enforcement officers or business license inspector pursuant to GMC 5.10.080, make available for inspection the premises, all materials offered for display, exhibit, rent or sale and all licenses required to be on the premises, pursuant to this code, for the purposes of ensuring compliance with the law.
E. It shall be the responsibility of the manager, as well as the owner or operator, to ensure that no sexual activity as defined in GMC 5.10.010, sexual conduct, be allowed on the premises of an adult use business at any time. (Ord. 2008-27 § 2).
5.12.040 Live adult entertainment establishments.
In addition to the general requirements of GMC 5.10.020, every place offering live adult entertainment shall be physically arranged in such a manner that:
A. The stage on which live adult entertainment is provided shall be visible from the common areas of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.
B. No live adult entertainment occurring on the premises shall be visible at any time from any public place.
C. All live adult entertainment must be performed on a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. (Ord. 2008-27 § 2).
5.12.050 Application for license.
No person shall work as an entertainer providing live adult entertainment as defined in GMC 5.10.010 at any adult business without having first obtained an entertainer’s license from the city of Grandview. All applications for an adult business entertainer’s license shall be signed by the applicant and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city clerk, and shall require the following information:
A. The applicant’s name, home address, home telephone number, date and place of birth, Social Security number and any stage names or nicknames used in entertaining.
B. The name and address of each business at which the applicant intends to work as an entertainer.
C. The applicant shall present documentation that he or she has attained the age of 18 years. Any of the following shall be accepted as documentation of age:
1. A motor vehicle operator’s license issued by any state bearing applicant’s photograph and date of birth;
2. A state-issued identification card bearing the applicant’s photograph and date of birth;
3. An official passport issued by the United States of America;
4. Any other picture identification issued by a governmental entity.
D. The applicant shall state whether or not the applicant has been convicted of a felony.
E. The applicant shall provide two two-inch by two-inch black and white photographs of the applicant, taken within six months of the date of the application, showing only the full face of such applicants. The two-inch by two-inch black and white photographs shall be provided at the applicant’s expense. The license, when issued, shall have affixed to it such photograph of the applicant.
F. Failure to provide any information required by this section will constitute an incomplete application and will not be processed.
G. The annual fee for the entertainer’s license is $100.00, and said license will expire annually on December 31st and must be renewed by January 1st.
H. If the identity of the entertainer licensed in this section changes, notice shall be provided in writing to the city clerk within 14 days of said change of identity.
I. The clerk, upon presentation of such applications and before acting upon the same, shall refer such application to the police department, which shall make a full investigation as to the truth of the statements contained therein.
J. An entertainer licensed under this section shall not transfer his or her license to another, nor shall a license holder alter his or her license in any way.
K. An entertainer licensed under this section shall, upon the request of any law enforcement officers or business license inspector, make available for inspection the license issued under the provisions of this section, for the purposes of ensuring compliance with the law. (Ord. 2008-27 § 2).
5.12.060 Mini-theaters and motion picture theaters.
Every mini-theater and motion picture theater offering adult entertainment shall meet the following standards:
A. All adult mini-theaters and motion picture theaters shall utilize seating arrangements equipped with immovable armrests between the seats. No bench-type seating allowing for more than one person in a seat will be permitted.
B. A manager or other employee must walk through the theater portion of the building at 10-minute intervals during the time period in which the film is showing and the lighting is down. It shall be the duty of this employee, as well as the manager or owner, to ensure that no sexual activity be allowed in the theater, either by patrons or employees or both.
C. Full house lights must meet the requirements of GMC 5.12.020(A), and must come on for at least 10 minutes at the end of each feature. (Ord. 2008-27 § 2).
5.12.070 Adult panoram theaters.
Every adult panoram theater shall meet the following requirements:
A. Every adult panoram theater shall have a designated manager’s station located in the common areas of the premises.
B. The interior of the premises of an adult panoram theater shall be configured in such a manner that there is an unobstructed view from the manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment.
C. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.
D. It shall be the duty of the owners and manager, and it shall also be the duty of any employees present in the premises, to ensure that the view area specified in subsection B of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
E. No viewing room may be occupied by more than one person at any time. (Ord. 2008-27 § 2).
5.12.080 Standards of operation and conduct.
Every adult use business shall comply with the following standards of operation and the following standards of conduct must be adhered to by employees and entertainers of any adult use business:
A. No employee or entertainer shall be unclothed or in such attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola, or any portion of the female or male genitals, vulva, penis, anus and/or buttocks, or any portion of the pubic hair, except upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron.
B. No employee or entertainer shall wear or use any device or covering exposed to view which simulates the breast of a female below the top of the areola, female or male genitals, vulva, penis, and/or buttocks, or any portion of the pubic hair except upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron.
C. No employee or entertainer shall touch, fondle or caress any patron for the purpose of arousing or exciting the patron’s sexual desires, sit on a patron’s lap or separate a patron’s legs.
D. No employee or entertainer shall allow a patron to touch an employee or entertainer on the breast, in the pubic area, buttocks or anal area. No patron shall touch, fondle or caress an employee or entertainer for the purpose of arousing or exciting the sexual desires of either party.
E. No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this section.
F. There shall be posted and conspicuously displayed in the common areas of each place offering live adult entertainment a list of any and all entertainment provided on the premises. Such lists shall further indicate the specific fee or charge in dollar amount for each entertainment listed.
G. No employee or entertainer shall solicit, demand or receive any payment or gratuity from any patron for any act prohibited by this chapter.
H. No employee or entertainer shall demand or collect any payment or gratuity from any patron for entertainment before its completion.
I. No entertainer of any adult use business premises shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, while on the premises, and engaged in live adult entertainment.
J. No merchandise, films, videos, posters, books or other material that relates to specified sexual activities or specified anatomical areas, as defined in Chapter 17.12 GMC, shall be visible from any public place at any time.
K. A sign, no less than 12 inches by 12 inches, with lettering no smaller than one-half inch by one-half inch, shall be conspicuously displayed in the common areas of the premises, and shall read as follows:
THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF GRANDVIEW – GRANDVIEW MUNICIPAL CODE 5.12. ENTERTAINERS ARE:
1. Not permitted to engage in any type of sexual conduct;
2. Not permitted to be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the female or male genitals, vulva, penis, anus and/or buttocks, or any portion of the pubic hair, except upon a stage at least eighteen (18) inches above the immediate floor level and removed at least six (6) feet from the nearest patron; and
3. Not permitted to demand or collect any payment or gratuity from any patron for entertainment before its completion.
L. No adult use business shall employ any person under the age of 18 years as an entertainer or employee or allow an entertainer on its premises for the purpose of providing live adult entertainment if that person is under 18.
M. No person under the age of 18 years shall be admitted onto the premises of an adult use business for any purpose.
N. No person under the age of 18 years shall be employed as a manager or entertainer for an adult use business.
O. No alcohol or drugs shall be sold, served, allowed or consumed by employees, entertainers, managers or patrons on the premises of any adult use business.
P. No patron who is obviously intoxicated by alcohol or drugs shall be allowed entry onto the premises of an adult use business.
Q. No sexual conduct as defined in GMC 5.02.010 shall be allowed on the premises of an adult use business during business hours or after hours, either by employees, entertainers or patrons. (Ord. 2012-1 § 2; Ord. 2008-27 § 2).
5.12.090 Violation – Penalties.
Any person convicted of a violation of any provision of this title shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. For any violation of a continuing nature, each day’s violation shall be considered a separate offense and shall subject the offender to the above penalties for each offense.
In addition to the enforcement provisions of the above section, any violation of any of the provisions of this chapter is declared to be a public nuisance, per se, which shall be abated by the city attorney by way of civil abatement procedures. (Ord. 2008-27 § 2).